Order for Possession Before Hearing; Grounds

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Sec. 9. The court may issue an order for possession under this chapter before the hearing if probable cause appears that any of the following subdivisions apply:

(1) The defendant gained possession of the property by theft or criminal conversion.

(2) The property consists of one (1) or more negotiable instruments or credit cards.

(3) By reason of specific, competent evidence shown by testimony within the personal knowledge of an affiant or witness, the property is:

(A) perishable, and will perish before any noticed hearing can be had;

(B) in immediate danger of destruction, serious harm, concealment, removal from Indiana, or sale to an innocent purchaser; or

(C) held by a person who threatens to destroy, harm, or conceal the property, remove the property from Indiana, or sell the property to an innocent purchaser.

[Pre-2002 Recodification Citation: 34-21-4-2.]

As added by P.L.2-2002, SEC.20.


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